Evidence (evening section) (LAW-633-003)
Aaronson
Meets: 06:00 PM - 07:50 PM (TTH) - Room 401
Enrolled: 62 / Limit: 80
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Description
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Textbooks and Other Materials
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Required materials: 1. Waltz, Park, and Friedman, Evidence, Cases and Materials, 11th edition (2009)Foundation Press, ISBN: # 9781599414485. 2. FEDERAL RULES OF EVIDENCE, with Evidence Map, 2010-2011 (West Publishing Company)(pamphlet), ISBN # 9780314262080
First Class Readings
Evidence, LAW-633-003 Prof. David Aaronson Spring, 2011 January 8, 2011 FIRST WEEK’S ASSIGNMENT The following references are to the casebook, Jon R. Waltz, Roger C. Park, and Richard D. Friedman, Evidence: Cases and Materials - Eleventh Edition (The Foundation Press, Inc., 2009), ISBN #9781599414485) and a required pamphlet, Federal Rules of Evidence (FRE), 2010-2011 (West Publishing Company), ISBN # 9780314262080. 1. Required Background Material Read Ch. I, pp. 1-70. Making the Record. Also, read FRE 101, Scope, 1101, Applicability of Rules,102, Purpose and Construction, 103, Rulings on Evidence, 104, Preliminary Questions, 105, Limited Admissibility, and 106, Remainder of or Related Writings or recorded Statements. Chapter I is required background reading. Information in this chapter will be referred to throughout the semester. This classic chapter – reproduced separately for litigators in pamphlet form - provides a discussion of the trial process and the process of proof through the eyes of a litigating attorney. Pages 62-70 offer examples of objections that trial lawyers often make to the introduction of evidence. You will benefit from referring to this chapter throughout the semester and reading it again at the end of the semester. 2. First Class Assignment Read Ch. II, Parts A and B, pp. 72-80. Introduction to relevance - relevant to what? The reading includes: The Judgment of Solomon, p. 72; Hart, James, Morgan & McCormick excerpts, pp. 72-79; Knapp v. State, p. 79-80. Optional reading: Students interested in gender issues as applied to the topic of Relevance might be interested in reading Ann Althouse, “Beyond King Solomon’s Harlots: Women in Evidence,” 65 Cal. L. Rev. 1265 (1992). It will be posted on your MyWCL evidence course page. Also, read FRE 401, Definition of “Relevant Evidence,” 402, Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible, and 403, Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time. Read Advisory Committee Notes following these rules. Review Hypotheticals, pp. 93-94. 2. Second Class Assignment Read, Ch. II, Part C, pp. 81-93. The reading includes: Old Chief v. U.S., pp. 81-90; Ballou v. Henri Studios, Inc. 91-93. Review Hypotheticals, pp. 93-94.